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Separate SMSFs for collectables

Published on 01 Apr 19 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

As part of the superannuation reforms which came into effect on 1 July 2017, self-managed superannuation funds (SMSFs) with at least one member in receipt of a retirement phase income stream, with a total superannuation balance over $1.6m, are no longer able to use the segregated method to calculate exempt current pension income (ECPI). One strategy which emerged to counter this restriction involved achieving a “quasi segregation” via separate SMSFs. The Australian Taxation Offi ce (ATO) has expressed the view that this will only be acceptable in limited circumstances and where the aim is not to manipulate taxation outcomes. This article examines the holding of “collectables” by an SMSF as a circumstance where a separate SMSF might be strategically useful as well as acceptable from an ATO point of view.

Author profiles

Stephen Lawrence
Stephen is a Chartered Accountant.
Current at 1 April 2017
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Michael Bennett CTA
Michael Bennett, CTA, is barrister practicing from 13 Wentworth Chambers in Sydney. He practices in the following areas, tax planning (including Superannuation, Estate Planning and Structuring), Federal and State Tax litigation, General Equity & Commercial litigation, Bankruptcy, and Insolvency litigation. Before coming to the Bar, Michael was a solicitor in two boutique SME tax and commercial practices. He was a Judges Associate before that. Michael has lectured in tax law and is a Chartered Tax Advisor. - Current at 23 January 2026
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